Can I cash or deposit a check made out to my deceased mothers estate?
Louisville, KY |
I have a joint checking account with my mother and was Poa. I am also executor of the estate in her will. Basically there is no estate except for one check written as a refund for assisted living deposit(3000$). How can that be cashed?
As you had indicated that there are no other estate assets, you likely have not had a reason to open an account in the name of the estate. You will need to do so - check with your bank on what documentation they will require. The bank account should be owned by "the estate of [mom]." The check can then be deposited into that account. As executor of the estate, you should then be able to access the account to pay estate expenses or make distributions, according to the probate rules and procedures of your jurisdiction.
Please note that this answer is generic in nature and does not constitute legal advice with regard to any particular circumstances or facts and does not establish an attorney client relationship.
You will also need an EIN for the estate to open the account.
Hope this helps.
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Your POA doesn't have any legal effect now that your mother is deceased. If you otherwise are not going to open a formal estate proceeding (because there are no assets other than the subject refund check), check with the local probate court to see if there is a summary administration or a "release from administration" proceeding to "administer" these funds in a quick and easy manner. You will need to present your mother's Will to the probate court for probate in whatever process you use. Thus, the funds would need to be distributed as the Will provides so, if there is more than one beneficiary other than you under the Will, then you will have to share these funds as provided in the Will. Most summary probate procedures are set up to allow the parties to do them without the assistance of counsel. However, if you have questions, you should consult with a probate attorney in your county. Court personnel cannot give you legal advice and can not instruct you how to complete the forms. Please accept my condolences on the loss of your mother, and best wishes to resolve this situation quickly.
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